Report on breathalyzers not admissible in driving ban review: B.C. Supreme Court

VANCOUVER – B.C. Supreme Court has ruled that a government report on breathalyzers is not admissible when reviewing a roadside ban.

Angela Lichun Buhr was given an immediate roadside prohibition in February after taking two separate breathalyzer tests, and while one showed a fail reading, the other did not register.

The second device’s temperature was 9 C, and Buhr’s lawyer said at her review hearing that according to the breathalyzer’s manual, a reading cannot be initiated if the temperature is outside of a certain range.

The adjudicator upheld Buhr’s driving ban, pointing to a government report that says while an approved screening device can be inaccurate when it is outside of the ideal temperature range, its functionality is not impacted.

But Justice Richard Goepel says in his ruling that the report is inadmissible, because the adjudicator’s considerations are only limited to the statements or evidence submitted by the driver, and any documents forwarded by the officer who handed out the driving ban.

Goepel also says the adjudicator’s findings were in error, since the instruction manual clearly states the breathalyzer would not operate below 10 degrees.